Often times in mediation, the complexity of a case is tied to the most sensitive issues for both sides. Sometimes those emotional aspects are different, but given the right representation, these seemingly insurmountable details can be smoothed out to clear the path for settlement.

I was fortunate to serve as mediator in a large, commercial business dispute which involved Native American tribal issues as well as standard breach of contract matters. This was not the first dispute I have handled involving a Native American tribe, but unique to this case was that Native American counsel was represented on both sides. Throughout the extensive negotiations, two Native lawyers met and conferred privately by phone and in person. They discussed sovereignty issues as well as cultural factors that could assist or impede resolution.